ALLENTOWN SCHOOL DIST. v. COM., DEPT. OF EDUC.


782 A.2d 635 (2001)

ALLENTOWN SCHOOL DISTRICT, Petitioner, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION and Eugene W. Hickok, Secretary of Education for the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided August 20, 2001.


Attorney(s) appearing for the Case

John E. Freund, III, Allentown, for petitioner.

Daniel J. Doyle, Harrisburg, for respondents.

Before COLINS, Judge, McGINLEY, Judge, and FLAHERTY, Senior Judge.


COLINS, Judge.

Before this Court in its original jurisdiction are preliminary objections filed by the Department of Education of the Commonwealth of Pennsylvania (Department) and Eugene Hickok, Secretary of Education, (collectively, the Commonwealth), in response to a petition for review in the nature of a complaint in mandamus and for declaratory relief, filed against them by the Allentown School District (School District).

On February 9, 2001, the School...

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